I Just Lost a Loved One in West Virginia. What Do I Do First?
A Step-by-Step Guide for Families Navigating Probate
Everyday Legal Advice®. Planning for What Matters Most.
Losing a loved one is one of life's most difficult experiences. In the days that follow, many families are asked to make important financial and legal decisions while they are still grieving. If you've never handled an estate before, it's completely normal to feel overwhelmed.
The good news is that you do not have to figure everything out at once.
This guide walks you through the first steps to take after someone dies in West Virginia and explains when probate may become necessary. Whether you have been named the executor, expect to become the administrator of an estate, or are simply trying to help your family, this checklist can help you get started.
Step 1: Take Care of Your Loved One and Your Family
Immediately after a death, focus on your family and immediate needs.
If the death occurred at home, contact emergency services or the person's physician for guidance. If your loved one passed away in a hospital, hospice, or care facility, staff members will typically help begin the necessary paperwork.
Contact a funeral home to begin making arrangements.
While legal matters are important, they can usually wait until after immediate family needs have been addressed.
Step 2: Order Multiple Certified Death Certificates
One of the first practical tasks is obtaining certified copies of the death certificate.
You'll likely need them for:
Banks
Life insurance companies
Retirement accounts
Social Security
Investment accounts
Vehicle transfers
Real estate matters
Probate proceedings
Many families underestimate how many copies they will need. Ordering extra certified copies now often saves time later.
Step 3: Locate the Estate Planning Documents
Try to locate:
Original Will
Trust documents
Power of Attorney
Advance Medical Directive
Funeral instructions
Safe deposit box information
Insurance policies
Property deeds
Vehicle titles
If you cannot find the original will, do not panic. There may still be options depending on the circumstances.
Step 4: Secure the Home and Valuable Property
Protect estate assets until someone has legal authority to manage them.
This includes:
Locking the residence
Collecting spare keys
Safeguarding firearms
Protecting jewelry
Preserving important paperwork
Securing financial records
Forwarding mail if appropriate
Avoid allowing family members to remove property before an inventory has been completed. Even well-intentioned actions can lead to misunderstandings later.
Step 5: Make a List of Assets
Start a simple inventory.
Include:
Checking accounts
Savings accounts
Investment accounts
Retirement plans
Real estate
Vehicles
Life insurance
Business interests
Mineral rights
Farm equipment
Personal property
Digital assets
Cryptocurrency
Do not worry about assigning values immediately. The goal is simply to identify what exists.
Step 6: Identify Outstanding Debts
Make a list of:
Mortgage payments
Vehicle loans
Credit cards
Medical bills
Utilities
Property taxes
Insurance premiums
Many families mistakenly begin paying debts out of their own pocket.
In many situations, estate debts should be addressed through the probate process—not by individual family members.
Step 7: Determine Whether Probate Is Necessary
Not every asset goes through probate.
Some assets transfer automatically, including many:
Jointly owned accounts
Payable-on-death accounts
Transfer-on-death assets
Retirement accounts with beneficiaries
Life insurance with named beneficiaries
Trust assets
Other property may require probate before ownership can legally transfer.
Understanding which assets require probate is one of the most important early decisions.
Step 8: Find Out Who Was Named Executor
If there is a will, it often names an executor.
The executor is generally responsible for:
Opening the estate
Protecting assets
Paying valid debts
Communicating with beneficiaries
Distributing estate property
Closing the estate
Being named executor does not automatically give someone authority to act immediately. Additional legal steps are often required.
Step 9: Avoid These Common Mistakes
Families often create unnecessary problems by:
Selling property too early
Giving away personal belongings
Closing bank accounts
Paying creditors without understanding priorities
Ignoring tax obligations
Mixing personal and estate funds
Waiting too long to begin probate
Many of these mistakes are avoidable with proper planning and guidance.
Step 10: Know When to Ask for Help
Some estates are straightforward.
Others involve:
Real estate
Businesses
Mineral rights
Significant debt
Missing heirs
Family disagreements
Tax issues
Questions about executor authority
When those issues arise, professional guidance can often save time, money, and stress.
Download the Free West Virginia Probate Toolkit
To make the process easier, we've created a free collection of probate resources, including:
West Virginia Probate Checklist
Executor Quick Start Guide
Estate Inventory Worksheet
Probate Timeline
Frequently Asked Questions
Download your free Probate Toolkit here
Need Legal Guidance?
The West Virginia Probate Guide is designed to educate families, but every estate is different.
If you have questions about probate, estate administration, wills, trusts, or executor responsibilities, The Skeen Firm is here to help.
Learn more about our services here:
West Virginia estate planning and probate attorneys
Or call 724-250-8841 to discuss your situation.
Frequently Asked Questions
What should I do first after someone dies in West Virginia?
Focus on your family, contact a funeral home, obtain certified death certificates, locate the will, and begin identifying assets and important documents.
How quickly do I need to open probate?
Every situation is different. The timing depends on the estate's assets, whether there is a will, and other legal considerations. Avoid unnecessary delays while taking time to gather the information you need.
Can I access my loved one's bank account immediately?
Generally, financial institutions require legal authority before releasing estate funds unless you are already a joint owner or authorized signer.
Do I need an attorney for probate?
Not every estate requires legal representation. However, legal guidance is often helpful when an estate includes real estate, business interests, significant debts, family disputes, or questions about executor responsibilities.
Disclaimer
This article is intended for general educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Probate laws vary based on the facts of each estate. If you have questions about your specific situation, consult with a qualified attorney.
